Dealer License
A cigarette retail dealer is any person, other than a wholesale dealer, engaged in selling cigarettes. A license must be obtained for each place of business in New York City, where the person sells cigarettes. The possession or transportation at any one time of 5,000 or more cigarettes by any person other than a manufacturer, an agent, a licensed wholesale dealer, or a person delivering cigarettes in the regular course of business for a manufacturer, an agent, or a licensed wholesale or retail dealer shall be presumptive evidence that the person is a retail dealer. This is only a general explanation of which businesses need to have a Cigarette Retail Dealer license. As of February 25, 2010, it is illegal for businesses (excluding tobacco bars) to sell “flavored” tobacco products, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, herb, or spice. This law does not apply to cigarettes. The sale of flavored cigarettes is prohibited under federal law. Sale of tobacco products containing only the taste or aroma of tobacco, menthol, mint, or wintergreen is permissible. For more information, businesses can download Local Law 69 of 2009 (Int. No. 433-A). (This law also renumbers the sections of the Tobacco Product Regulation Act.) Businesses can also download the Final Rule.
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